Published Wednesday, April 01, 2009 6:05 AM
Ogden says law shouldn't protect wife from ticket
By CASSIE SMITH
cassie.smith@theeagle.com
State Sen. Steve Ogden said a statute written in the mid-1800s to protect lawmakers from being detained for political reasons shouldn't apply to a speeding ticket that his wife received Friday while he was a passenger in the car.
Ogden's wife, Beverly, was stopped Friday on Texas 21 in Dime Box for going 12 mph over the speed limit, Ogden said.
"Since she was driving, she did what the officer said, we accepted the ticket without complaint and went on our way," Ogden said.
The Republican from Bryan said he was trying to pay the citation Monday when he realized that it had not been filed. And he said he received an e-mail informing him that the officer had been "criticized or counseled" for issuing the ticket.
Austin television station KXAN reported Monday that a Department of Public Safety sergeant was "being verbally reprimanded and may have to be 'counseled' after he ticketed a driver for speeding -- because the passenger was a state senator."
The Texas Code of Criminal Conduct's Article 1.21, written in 1859, says, in part, "Senators and Representatives shall, except in cases of treason, felony or breach of the peace, be privileged from arrest during the session of the Legislature."
Ogden told the TV station that he didn't think the ticket should qualify as an arrest.
"In my opinion, the law means 'arrest,'" Ogden said. "It doesn't exempt a lawmaker from getting a ticket if they're speeding."
DPS officials told the station that issuing a ticket was, in fact, an arrest.
"What you're doing is you're signing a ticket promising to appear in court," DPS spokeswoman Tela Mange told KXAN. "So, you're being released on your own recognizance."
Ogden said he had a staff member call the Texas Department of Public Safety public affairs office to say that "as far as I was concerned, the officer was doing his job and I had no complaints."
Mange said Tuesday that the trooper had not been reprimanded but that he had had a "discussion with supervisors."
"They've discussed it and are moving on," she said.
The law was written to prevent lawmakers from missing legislative votes while being detained.
"I think the idea that it applies to tickets and other types of conduct when legislators are not actually going to and from legislative duties is probably too broad of an interpretation," Ogden said.
The law shouldn't keep DPS officials from doing their job, he said.
"If a legislator is out there violating the law, that DPS is powerless to intervene -- I don't think that's what that means," he said. "I specifically don't think it applies when I'm not even driving."
Comments
15 comment(s) found!
Posted by:
On:
Sunday, May 24, 2009 2:13 AM
Comment Title:
"Ogden has a history of hostility with the Department of Public Safety. Though sources said he did not complain about the incident, Sen. Ogden might be one of the last lawmakers troopers would want to agitate. In 2007, Ogden passed a law that requires each law enforcement agency adopt physical fitness standards that a law enforcement officer must meet to continue employment with the agency. According to DPS agency insiders, this came after Ogden noticed one of the troopers was out of shape. State Senator Ogden isn't alone in his feelings towards law enforcement. Republican Governor Rick Perry has been a similar situation before, but his feeling were well known at the scene. This is not the first case a trooper has received verbal reprimand for citing a lawmaker and/or failing to recognize the politician during the traffic stop. In 2000, Perry was caught on videotape taken by a trooper's mounted camera after his driver was stopped for speeding. The video camera captured an agitated Perry urging the officer to "let us get on down the road." According to her colleagues, the trooper who stopped Perry was later berated by her superiors for not recognizing the lawmaker. There have been no comments from the DPS officials. However, KXAN seems to be suggesting in there article that Perry has a track record of being openly hostile with DPS. Is it possible Ogden is telling the truth that he didn't contact DPS to reprimand the officer, but instead had the Governor call on his behalf? "---Ogden has a history of hostility with the Department of Public Safety. Though sources said he did not complain about the incident, Sen. Ogden might be one of the last lawmakers troopers would want to agitate. In 2007, Ogden passed a law that requires each law enforcement agency adopt physical fitness standards that a law enforcement officer must meet to continue employment with the agency. According to DPS agency insiders, this came after Ogden noticed one of the troopers was out of shape. State Senator Ogden isn't alone in his feelings towards law enforcement. Republican Governor Rick Perry has been a similar situation before, but his feeling were well known at the scene. This is not the first case a trooper has received verbal reprimand for citing a lawmaker and/or failing to recognize the politician during the traffic stop. In 2000, Perry was caught on videotape taken by a trooper's mounted camera after his driver was stopped for speeding. The video camera captured an agitated Perry urging the officer to "let us get on down the road." According to her colleagues, the trooper who stopped Perry was later berated by her superiors for not recognizing the lawmaker. There have been no comments from the DPS officials. However, KXAN seems to be suggesting in there article that Perry has a track record of being openly hostile with DPS. Is it possible Ogden is telling the truth that he didn't contact DPS to reprimand the officer, but instead had the Governor call on his behalf? ---Ogden has a history of hostility with the Department of Public Safety. Though sources said he did not complain about the incident, Sen. Ogden might be one of the last lawmakers troopers would want to agitate. In 2007, Ogden passed a law that requires each law enforcement agency adopt physical fitness standards that a law enforcement officer must meet to continue employment with the agency. According to DPS agency insiders, this came after Ogden noticed one of the troopers was out of shape. State Senator Ogden isn't alone in his feelings towards law enforcement. Republican Governor Rick Perry has been a similar situation before, but his feeling were well known at the scene. This is not the first case a trooper has received verbal reprimand for citing a lawmaker and/or failing to recognize the politician during the traffic stop. In 2000, Perry was caught on videotape taken by a trooper's mounted camera after his driver was stopped for speeding. The video camera captured an agitated Perry urging the officer to "let us get on down the road." According to her colleagues, the trooper who stopped Perry was later berated by her superiors for not recognizing the lawmaker. There have been no comments from the DPS officials. However, KXAN seems to be suggesting in there article that Perry has a track record of being openly hostile with DPS. Is it possible Ogden is telling the truth that he didn't contact DPS to reprimand the officer, but instead had the Governor call on his behalf? ---by: Matt Glazer Mon Mar 30, 2009 at 02:45 PM CDT Burnt Orange report
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Posted by:
Flip On:
Friday, April 03, 2009 11:26 PM
Comment Title:
I too want to see more stories like this. This is a good story, very local. Interesting and about people. I can read about the budget anywhere and any time.
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Posted by:
On:
Friday, April 03, 2009 9:47 PM
Comment Title:
Would someone elaborate on Fred Brown and his dishonest ways of the past. He has skeletons in his closet but they have be kept locked up. Why? He stole at his dealership and lied to people that believed in him. I don't like or trust the man. Now he is selling real estate.
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Posted by:
Betty On:
Thursday, April 02, 2009 10:50 PM
Comment Title:
Great story. I like to know more about my elected officials. This is the sort of thing many folks like to read.
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Posted by:
PHARAOH On:
Thursday, April 02, 2009 6:07 PM
Comment Title: Don't Give Up
Richard, keep coming back.
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Posted by:
Richard On:
Thursday, April 02, 2009 12:24 PM
Comment Title: Really?!
This is what passes for front page news at The Eagle? So his wife was speeding, got a ticket and went on her way. Meanwhile, Texas passed a $182 billion budget but this ticket is the big news. Bravo Eagle, I have no idea why the newspaper business is failing so miserably.
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Posted by:
J. Edgar On:
Thursday, April 02, 2009 7:05 AM
Comment Title: To Domaco38
"I'm sorry"
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Posted by:
On:
Wednesday, April 01, 2009 5:54 PM
Comment Title:
Ogden's wife was driving and she accepted the ticket. He was not cited. Seems most everyone but the supervision (brown nosers) at DPS knows their jobs and accepts responsibilities (including the Good Senator and wife).
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Posted by:
On:
Wednesday, April 01, 2009 4:45 PM
Comment Title: COMMEND THE DPS OFFICER
The DPS officer should be commended! I don't care if the Legislature is in session, if a Senator or Representative were speeding he/she should receive a ticket. The laws should apply to everyone equally.
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Posted by:
Domaco38 On:
Wednesday, April 01, 2009 12:37 PM
Comment Title: Good sir
Agreed with all of the posts before mine. You break the law, you get a fine. Take it and move on. Good job sir. And good job to the officer. I hope someone says "I'm sorry".......
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Posted by:
On:
Wednesday, April 01, 2009 12:23 PM
Comment Title: Character
Ogden is one of a dying breed of true servants for the people in our government. Hooray for an honest politician. By the way I probably agree with little of his political views but what a refreshing breathe of air.
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Posted by:
James Edge On:
Wednesday, April 01, 2009 11:49 AM
Comment Title: Ogden shows class.
Good for you Sen. Ogden!
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Posted by:
On:
Wednesday, April 01, 2009 11:45 AM
Comment Title:
Mr. & Mrs. Ogden attend my Church and are both upstanding, honest, caring, nice people. I am glad he didn't try and use his "title" to get out of paying the ticket. Thank you for your honesty and integrity.
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Posted by:
RES GESTAE On:
Wednesday, April 01, 2009 10:52 AM
Comment Title: An Honorable Man
All of you that received "smokng tickets" and "red light tickets" take a lesson from an honorable man; do the right thing. Thank you Senator.
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Posted by:
On:
Wednesday, April 01, 2009 10:37 AM
Comment Title: Kudos
Finally.. someone who doesn't think they are above the law. Many thanks to you
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